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(영문) 광주지방법원 2020.11.05 2020고단4093
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a NAS car.

On July 5, 2020, the Defendant driven the above vehicle on July 15:27, 2020, and proceeded at a speed of about 196 km from the point of 69.7 km in the west-gun's letter of documents, to the speed of about 196 km at a speed of 69.7 km in the direction of patrol.

It is the place where the maximum speed is 100 km per hour, so in such a case, there was a duty of care to safely operate the person engaged in driving service by complying with the speed limit.

Nevertheless, the Defendant neglected this and neglected to set a speed of about 96 km in speed exceeding 196 km per hour, thereby changing the lane from the front side of the Defendant’s running direction to the first lane, and the victim C (the age of 66) who changed the lane from the two lanes to the first lane, was placed in front of the right part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim E (age 28) who was on the part of the Defendant’s driver’s vehicle due to the above occupational negligence, such as a spawn, etc., of a spawnor, in need of approximately two weeks of treatment, and injury to the victim C, such as a spawn, spawn, spawn, and tension.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A E-document;

1. The report on traffic accidents (actual survey report) EDR data;

1. Application of each written diagnosis (Evidence Nos 24, 31) and Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the nature and risk of the crime of this case, the background of the crime, the degree of damage to the victims and their recovery, the family relationship, health condition of the defendant.

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